City Council Regular Meeting

City Council Regular Meeting Regular Meeting Tuesday, April 5, 2022 6:00 PM City Council Chambers and Zoom ELECTED OFFICIALS Mayor Hildy Stern Mayor Pro Tem Steve Napolitano Councilmember Richard Montgomery Councilmember Joe Franklin Councilmember Suzanne Hadley City Treasurer Tim Lilligren EXECUTIVE TEAM City Manager Bruce Moe City Attorney Quinn Barrow City Clerk Liza Tamura Information Technology Director Terry Hackelman Community Development Director Carrie Tai Parks and Recreation Director Mark Leyman Finance Director Steve Charelian Interim Police Chief Derrick Abell Fire Chief Michael Lang Public Works Director Erick Lee Human Resources Director Lisa Jenkins MISSION STATEMENT: Our mission is to provide excellent municipal services, preserve our small beach town character, and enhance the quality of life for our residents, businesses and visitors. City Council Regular Meeting Agenda Final April 5, 2022 MANHATTAN BEACH’S CITY COUNCIL WELCOMES YOU! By participating in City Council meetings, you are participating in the process of representative government. To encourage that participation, the City Council provides an early opportunity for public comments under “Public Comments,” at which time speakers may comment on any matter within the subject matter jurisdiction of the City Council, including items on the agenda. The City continues to offer an opportunity to participate in Council meetings via Zoom. In the interest of maintaining appropriate social distancing, the City Council encourages the public to participate by submitting comments in advance of the meeting, no later than 5:30 PM, April 5, 2022 (the day of the meeting), via: 1) eComment at http://www.manhattanbeach.gov/ecomment or 2) Email to cityclerk@manhattanbeach.gov or 3) Telephone Message Recorded at (310) 802-5030 All of your comments provided by the deadlines above will be available to the City Council and the public prior to the meeting. In addition, you may participate by joining Zoom during the meeting. Instructions are provided on item G (Public Comments). Copies of staff reports or other written documentation relating to each item of business referred to on this agenda are available for review on the City's website at www.manhattanbeach.gov, the Police Department located at 420 15th Street, and are also on file in the Office of the City Clerk for public inspection. Any person who has any question concerning any agenda item may call the City Clerk's office at (310) 802-5056. Meetings are broadcast live through Manhattan Beach Local Community Cable, Channel 8 (Spectrum), Channel 35 (Frontier), and live streaming via the City's website. In compliance with the Americans With Disabilities Act, if you need special assistance to participate in this meeting, you should contact the Office of the City Clerk at (310) 802-5056 (voice) or (310) 546-3501 (TDD). Notification 36 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City also provides closed captioning of all its Regular City Council Meetings for the hearing impaired. CERTIFICATION OF MEETING NOTICE AND AGENDA POSTING I, Liza Tamura, City Clerk of the City of Manhattan Beach, California, state under penalty of perjury that this notice/agenda was posted on Wednesday, March 30, 2022, on the City's Website and on the bulletin boards of City Hall, Joslyn Community Center and Manhattan Heights. BELOW ARE THE AGENDA ITEMS TO BE CONSIDERED. THE RECOMMENDED COUNCIL ACTION IS LISTED IMMEDIATELY AFTER THE TITLE OF EACH ITEM IN BOLD CAPITAL LETTERS. PLEASE NOTE THAT THE CITY COUNCIL MAY ACT ON ANY ITEM LISTED ON THE AGENDA. A. CALL MEETING TO ORDER City of Manhattan Beach Page 2 Printed on 3/30/2022 City Council Regular Meeting Agenda Final April 5, 2022 B. PLEDGE TO THE FLAG C. ROLL CALL D. CEREMONIAL CALENDAR 1. Presentation of a Commendation to Malia Kowal for Obtaining the Girl 22-0158 Scout Gold Award. (Estimated Time: 5 Min.) PRESENT Attachments: Commendation - Malia Kowal 2. Presentation of Certificates of Recognition in Honor of Mayor Stern’s 22-0025 Kindness Initiative to Allison Hales, Justin Verbiest, Billy Corvalan and Lenora Marouani, as the Founders of Culture Club South Bay. (Estimated Time: 5 Min.) PRESENT Attachments: Certificates of Recognition - Culture Club E. APPROVAL OF AGENDA AND WAIVER OF FULL READING OF ORDINANCES This is the time for the City Council to: (a) notify the public of any changes to the agenda; (b) remove items from the consent calendar for individual consideration; or (c) rearrange the order of the agenda. MOTION TO APPROVE AGENDA AND WAIVE FULL READING F. CITY COUNCIL AND COMMUNITY ORGANIZATION ANNOUNCEMENTS OF UPCOMING EVENTS (1 MINUTE PER PERSON) City Councilmembers and community organization representatives may inform the public about upcoming events. City of Manhattan Beach Page 3 Printed on 3/30/2022 City Council Regular Meeting Agenda Final April 5, 2022 G. PUBLIC COMMENTS (3 MINUTES PER PERSON) Speakers may provide public comments on any matter that is within the subject matter jurisdiction of the City Council, including items on the agenda. The Mayor may determine whether an item is within the subject matter jurisdiction of the City Council. While all comments are welcome, the Brown Act does not allow City Council to take action on any item not on the agenda. The City Council encourages the public to participate by submitting comments in advance of the meeting, no later than 5:30 PM, April 5, 2022 (the day of the meeting), via: 1) eComment at http://www.manhattanbeach.gov/ecomment or 2) Email to cityclerk@manhattanbeach.gov or 3) Telephone Message Recorded at (310) 802-5030 All of your comments provided by the deadlines above will be available to the City Council and the public prior to the meeting. IN PERSON PUBLIC PARTICIPATION Please complete the "Request to Address the City Council" card by filling out your name, city of residence, the item(s) you would like to offer public comment, and returning it to the City Clerk. ZOOM PUBLIC PARTICIPATION If you wish to speak on any item on the agenda, please register in advance by clicking the following link: https://citymb.seamlessdocs.com/f/publiccomment, even when submitting this request you will need to use the “raise hand” feature via Zoom during the presentation of that Agenda Item in order to confirm with the City Clerk’s Office that you wish to provide comments. 1) Join Zoom Meeting via the internet: Direct URL: https://citymb-info.zoom.us/j/93376200363, Meeting ID: 933 7620 0363 During the meeting you will need to use the “raise hand” button through Zoom at the time the Agenda Item is being presented for City Council consideration. 2) Join Zoom Meeting via Phone Conference (Voice Only): Phone Number: (669) 900-6833, Meeting ID: 933 7620 0363 During the meeting you will need to enter *9 on the phone’s dial pad at to activate the "raise hand" button at the time the Agenda Item is being presented for City Council consideration. Please note, the City is not responsible for the public’s use of Zoom as it relates to the software, configuration, and setting on a personal device. The public is encouraged to visit the Zoom website for information on use of this software. The City’s use of Zoom is consistent with the platform features and functions as described on the Zoom website. H. COVID-19 3. City Manager Update on COVID-19 Response. City of Manhattan Beach Page 4 Printed on 3/30/2022 City Council Regular Meeting Agenda Final April 5, 2022 I. CONSENT CALENDAR (APPROVE) Items on the Consent Calendar are routine and customary items and are enacted by a single motion with the exception of items previously removed by a member of the City Council during "Approval of the Agenda" for individual consideration. Any items removed shall be individually considered immediately after taking action on the Consent Calendar. 4. Declaration of Proclamations for the Following: 22-0161 a) Month of April 2022 as Earth Month b) Month of April 2022 as DMV/Donate Life Month c) Month of April 2022 as National Child Abuse Prevention Month PROCLAIM Attachments: Proclamation - Earth Month Proclamation - DMV/Donate Life Month Proclamation - National Child Abuse Prevention Month 5. City Council Minutes: 22-0159 This Item Contains Minutes of the Following City Council Meeting(s): a) City Council Adjourned Regular Meeting Minutes of March 8, 2022 (Closed Session and Work Plan Meeting) b) City Council Adjourned Regular Meeting Minutes of March 10, 2022 (Closed Session and Bruce’s Beach Park Plaque Language Study Session) c) City Council Adjourned Regular Meeting Minutes of March 14, 2022 (Closed Session) d) City Council Regular Meeting Minutes of March 15, 2022 e) City Council Adjourned Regular Meeting Minutes of March 22, 2022 (Closed Session and 6th Cycle Housing Element Study Session) (City Clerk Tamura). APPROVE Attachments: City Council Adjourned Regular Meeting Minutes of March 8, 2022 City Council Adjourned Regular Meeting Minutes of March 10, 2022 City Council Adjourned Regular Meeting Minutes of March 14, 2022 City Council Regular Meeting Minutes of March 15, 2022 City Council Adjourned Regular Meeting Minutes of March 22, 2022 6. Financial Reports: Schedule of Demands March 3, 2022 and March 10, 22-0171 2022 (Finance Director Charelian). ACCEPT REPORTS AND DEMANDS Attachments: Schedule of Demands for March 3, 2022 and March 10, 2022 City of Manhattan Beach Page 5 Printed on 3/30/2022 City Council Regular Meeting Agenda Final April 5, 2022 7. Consideration of Sending a Letter to Governor Newsom in Support of the 22-0169 Proposed Framework for the Community Assistance, Recovery and Empowerment (CARE) Court Program (City Manager Moe). APPROVE LETTER Attachments: Draft Letter to Governor Newsom Regarding Support for CARE Court CARE Court Framework CARE Court FAQ CARE Court PowerPoint Slides Motion by Supervisors Janice Hahn and Kathryn Barger in Support of CARE Court 8. City Council Reconsideration of the Circumstances of the Declared 22-0160 COVID-19 Emergency to Facilitate Remote Attendance at Public Meetings by Councilmembers and Other City Legislators Pursuant to AB 361’s Special Teleconferencing Requirements (City Attorney Barrow). ACCEPT STAFF RECOMMENDATION 9. Consideration of a Five-Year General Services Agreement with the County 22-0166 of Los Angeles for Miscellaneous County Services on an As-Needed Basis (City Attorney Barrow). ADOPT RESOLUTION NO. 22-0046 Attachments: Resolution No. 22-0046 Agreement - County of Los Angeles 10. Consideration of a Resignation from Los Angeles County West Vector 22-0183 Control Board Trustee Frazee, Declare Vacant Los Angeles County West Vector Control Board Trustee Member-At-Large Seat (Frazee), and Defer Appointment Until the Annual Boards and Commissions Interview and Appointment Process (City Clerk Tamura). A) ACCEPT RESIGNATION B) DECLARE VACANCY C) DEFER APPOINTMENT Attachments: Letter of Resignation - Trustee Frazee 11. Consideration of a Resolution Ordering Plans, Specifications, Cost 22-0101 Estimates, and Engineer’s Report for Annual Street Lighting and Landscaping Assessments (Finance Director Charelian). ADOPT RESOLUTION NO. 22-0040 Attachments: Resolution No. 22-0040 City of Manhattan Beach Page 6 Printed on 3/30/2022 City Council Regular Meeting Agenda Final April 5, 2022 12. Second Reading and Adoption of an Ordinance Repealing Manhattan 22-0163 Beach Municipal Code Section 4.108 - Vehicle for Hire Franchise (Finance Director Charelian). ADOPT ORDINANCE NO. 22-0005 Attachments: Ordinance No. 22-0005 13. Consideration of a Resolution Approving a Memorandum of Understanding 22-0146 Between the City of Manhattan Beach and Manhattan Beach Part-Time Employees Association (MBPTEA) (Human Resources Director Jenkins). ADOPT RESOLUTION NO. 22-0029 Attachments: Resolution No. 22-0029 MOU-MBPTEA (Final Version) MOU-MBPTEA (Strikethrough Version) 14. Consideration of a Sole Source Purchase of One Neutral Output-Discharge 22-0136 Elimination System (NO-DES) Truck from NO-DES Inc. to Insource Water Distribution System Flushing Services, in the Amount of $525,566 (Public Works Director Lee). A) APPROPRIATE FUNDS B) WAIVE FORMAL BIDDING DUE TO SOLE SOURCING C) AUTHORIZE PURCHASE Attachments: NO-DES Quote, Dated January 4, 2022 Sole Source Letter 2022-04-05 Fiscal Analysis re NO-DES Truck Purchase 15. Formally Accept as Complete the Aviation Boulevard at Artesia Boulevard 22-0137 Southbound to Westbound Right Turn Lane Improvement Project; Authorize Filing a Notice of Completion with the County Recorder; Release Retention of $38,242.37 (Public Works Director Lee). APPROVE Attachments: Location Map 16. Consideration of a Resolution Approving Amendment No. 1 Adding 22-0141 $300,000 to the Tree Management Services Agreement with West Coast Arborists for Citywide Tree Trimming Services (Public Works Director Lee). ADOPT RESOLUTION NO. 22-0041 Attachments: Resolution No. 22-0041 Amendment No. 1 - West Coast Arborists Agreement - West Coast Arborists (2020) City of Manhattan Beach Page 7 Printed on 3/30/2022 City Council Regular Meeting Agenda Final April 5, 2022 17. Consideration of a Resolution Approving Amendment No. 5 Adding 22-0142 $325,000 to the Maintenance Services Agreement with Merchants Landscaping for Citywide Landscaping Services (Public Works Director Lee). ADOPT RESOLUTION NO. 22-0042 Attachments: Resolution No. 22-0042 Attachment No. 5 - Merchants Landscaping Agreement and Amendments No. 1 - 4 - Merchants Landscaping J. ITEMS REMOVED FROM THE CONSENT CALENDAR Each speaker may speak for up to 2 minutes on each item pulled from the agenda. K. PUBLIC HEARINGS At the discretion of the Mayor, each speaker may speak for up to 3 minutes on each public hearing item. L. GENERAL BUSINESS Each speaker may speak for up to 2 minutes on each general business item. 18. Consideration of Actions Regarding a Citizen-Initiated Ballot Measure to 22-0148 Repeal the City’s Existing Prohibition of Commercial Cannabis Activity and Allow Three Cannabis Retail Stores in the City (City Clerk Tamura). A) ADOPT RESOLUTION NO. 22-0047 - ACCEPTING CERTIFICATION OF SUFFICIENCY OF SIGNATURES B) SELECT ONE OF THE THREE FOLLOWING OPTIONS: 1. ADOPT THE INITIATIVE ORDINANCE, WITHOUT CHANGE 2. CONSOLIDATE AN ELECTION ON THE INITIATIVE WITH THE REGULAR GENERAL MUNICIPAL ELECTION ON NOVEMBER 8, 2022 3. DIRECT STAFF TO PREPARE A REPORT PER CALIFORNIA ELECTIONS CODE SECTIONS 9212 C) DISCUSS AND PROVIDE DIRECTION Attachments: Notice of Intent and Initiative Ballot Title and Summary Resolution No. 22-0047 - Certification of Sufficiency Resolution No. 22-0048 - Calling Election and Directing Impartial Analysis Resolution No. 22-0049 - Consolidation/County to Conduct the Election City of Manhattan Beach Page 8 Printed on 3/30/2022 City Council Regular Meeting Agenda Final April 5, 2022 19. Proposed Dynamic Message Sign Technology for the Manhattan Beach 22-0118 Advanced Traffic Signal System Project (Public Works Director Lee). (Estimated Time: 30 Min.) DISCUSS AND PROVIDE DIRECTION Attachments: Budget and Expenditures Summary Report Location Map PowerPoint Presentation 20. Consideration of Resolutions to Initiate the Proposition 218 Process to 22-0036 Consider Increasing Water Rate Fees and Adopt Procedures in Connection with Proposed Water Fee Increases (Public Works Director Lee). (Estimated Time: 1 Hr.) ADOPT RESOLUTION NOS. 22-0043 AND 22-0044 Attachments: Resolution No. 22-0043 Resolution No. 22-0044 PowerPoint Presentation 21. Consideration of a Resolution Regarding an Official City Council 22-0145 Endorsement for the Recall of District Attorney George Gascón (City Manager Moe). (Estimated Time: 1 Hr.) CONSIDER RESOLUTION NO. 22-0045 Attachments: Resolution No. 22-0045 Resolution No. 21-0042 - Vote of No Confidence City of Beverly Hills Staff Report - January 4, 2022 M. CITY COUNCIL REQUESTS AND REPORTS INCLUDING AB 1234 REPORTS In addition to providing reports of meetings and conferences attended by Councilmembers in connection with their official duties at City expense as required by AB 1234, Councilmembers requested at a previous City Council meeting that the following item(s) be placed on the agenda for discussion. N. FUTURE AGENDA ITEMS Councilmembers may request that items be placed on a future agenda with the concurrence of one other Councilmember. O. CITY MANAGER REPORT P. CITY ATTORNEY REPORT Q. INFORMATIONAL ITEMS This section is for items that do not require City Council action. City of Manhattan Beach Page 9 Printed on 3/30/2022 City Council Regular Meeting Agenda Final April 5, 2022 22. Agenda Forecast (City Clerk Tamura). 22-0164 INFORMATION ITEM ONLY 23. Commission Minutes: 22-0156 This Item Contains Minutes of the following City Commission Meetings: a) Library Commission Meeting Minutes of October 11, 2021 (Rescheduled) (Parks and Recreation Director Leyman) b) Cultural Arts Commission Meeting Minutes of November 15, 2021 (Parks and Recreation Director Leyman) c) Library Commission Meeting Minutes of December 13, 2021 (Parks and Recreation Director Leyman) d) Parks and Recreation Commission Meeting Minutes of December 14, 2021 (Parks and Recreation Director Leyman) e) Parks and Recreation Commission Meeting Minutes of December 27, 2021 (Rescheduled) (Parks and Recreation Director Leyman) f) Library Commission Meeting Minutes of January 10, 2022 (Cancelled) (Parks and Recreation Director Leyman) g) Cultural Arts Commission Meeting Minutes of January 17, 2022 (Rescheduled) (Parks and Recreation Director Leyman) h) Parks and Recreation Commission Meeting Minutes of January 24, 2022 (Parks and Recreation Director Leyman) i) Planning Commission Meeting Minutes of February 23, 2022 (Community Development Director Tai) j) Parks and Recreation Commission Meeting Minutes of February 28, 2022 (Parks and Recreation Director Leyman) INFORMATION ITEM ONLY Attachments: Library Commission Meeting Minutes of October 11, 2021 (Rescheduled) Cultural Arts Commission Meeting Minutes of November 15, 2021 Library Commission Meeting Minutes of December 13, 2021 Parks and Recreation Commission Meeting Minutes of December 14, 2021 Parks and Recreation Commission Meeting Minutes of December 27, 2021 (Rescheduled) Library Commission Meeting Minutes of January 10, 2022 (Cancelled) Cultural Arts Commission Meeting Minutes of January 17, 2022 (Rescheduled) Parks and Recreation Commission Meeting Minutes of January 24, 2022 Planning Commission Meeting Minutes of February 23, 2022 Parks and Recreation Commission Meeting Minutes of February 28, 2022 R. CLOSED SESSION S. ADJOURNMENT City of Manhattan Beach Page 10 Printed on 3/30/2022 City Council Regular Meeting Agenda Final April 5, 2022 T. FUTURE MEETINGS CITY COUNCIL MEETINGS April 19, 2022 - Tuesday -- 6:00 PM - City Council Meeting April 26, 2022 - Tuesday -- TBD - Boards and Commissions Interviews May 3, 2022 - Tuesday -- 6:00 PM - City Council Meeting May 10, 2022 - Tuesday -- 6:00 PM - Budget Study Session May 17, 2022 - Tuesday -- 6:00 PM - City Council Meeting May 24, 2022 - Tuesday -- 6:00 PM - Budget Study Session June 7, 2022 - Tuesday -- 6:00 PM - City Council Meeting (Reorganization) June 21, 2022 - Tuesday -- 6:00 PM - City Council Meeting July 5, 2022 - Tuesday -- 6:00 PM - City Council Meeting July 19, 2022 - Tuesday -- 6:00 PM - City Council Meeting August 2, 2022 - Tuesday -- 6:00 PM - City Council Meeting August 16, 2022 - Tuesday -- 6:00 PM - City Council Meeting September 6, 2022 - Tuesday -- 6:00 PM - City Council Meeting September 20, 2022 - Tuesday -- 6:00 PM - City Council Meeting October 4, 2022 - Tuesday -- 6:00 PM - City Council Meeting October 18, 2022 - Tuesday -- 6:00 PM - City Council Meeting November 1, 2022 - Tuesday -- 6:00 PM - City Council Meeting November 15, 2022 - Tuesday -- 6:00 PM - City Council Meeting December 6, 2022 - Tuesday -- 6:00 PM - City Council Meeting December 20, 2022 - Tuesday -- 6:00 PM - City Council Meeting BOARDS, COMMISSIONS AND COMMITTEE MEETINGS April 11, 2022 - Monday - 5:00 PM - Library Commission Meeting April 13, 2022 - Wednesday - 3:00 PM - Planning Commission Meeting April 18, 2022 - Monday - 5:00 PM - Cultural Arts Commission Meeting April 25, 2022 - Monday - 6:00 PM - Parks and Recreation Commission Meeting April 27, 2022 - Wednesday - 3:00 PM - Planning Commission Meeting April 28, 2022 - Thursday - 4:00 PM - Parking and Public Improvements Commission Meeting May 9, 2022 - Monday - 5:00 PM - Library Commission Meeting May 11, 2022 - Wednesday - 3:00 PM - Planning Commission Meeting May 16, 2022 - Monday - 5:00 PM - Cultural Arts Commission Meeting May 23, 2022 - Monday - 6:00 PM - Parks and Recreation Commission Meeting May 25, 2022 - Wednesday - 3:00 PM - Planning Commission Meeting May 26, 2022 - Thursday - 4:00 PM - Parking and Public Improvements Commission Meeting June 8, 2022 - Wednesday - 3:00 PM - Planning Commission Meeting June 13, 2022 - Monday - 5:00 PM - Library Commission Meeting June 20, 2022 - Monday - 5:00 PM - Cultural Arts Commission Meeting July 11, 2022 - Monday - 5:00 PM - Library Commission Meeting July 13, 2022 - Wednesday - 3:00 PM - Planning Commission Meeting July 18, 2022 - Monday - 5:00 PM - Cultural Arts Commission Meeting July 25, 2022 - Monday - 6:00 PM - Parks and Recreation Commission Meeting July 27, 2022 - Wednesday - 3:00 PM - Planning Commission Meeting July 28, 2021 - Thursday - 4:00 PM - Parking and Public Improvements Commission Meeting City of Manhattan Beach Page 11 Printed on 3/30/2022 City Council Regular Meeting Agenda Final April 5, 2022 U. CITY OFFICES CLOSED CITY HOLIDAYS: May 30, 2022 – Monday – Memorial Day July 4, 2022 - Monday - Independence Day September 5, 2022 - Monday - Labor Day October 10, 2022 – Monday – Columbus Day November 11, 2022 – Friday – Veterans Day November 24-25, 2022 - Thursday & Friday - Thanksgiving Holiday December 26, 2022 - Monday - Christmas Day Observed (Sunday, December 25, 2022) January 2, 2023 – Monday – New Years Day Observed (Sunday, January 1, 2023) January 16, 2023 – Monday – Martin Luther King Day February 20, 2023 - Monday - Presidents Day City of Manhattan Beach Page 12 Printed on 3/30/2022